Terms & Conditions

General Terms

General Terms - for customers connecting before 18 September 2009
General Terms - for customers connecting after 18 September 2009
Virgin Mobile and Virgin Broadband - Dictionary

Service Descriptions

Virgin Mobile Standard Form of Agreement services summary - for customers connecting before 18 September 2009
Virgin Mobile Standard Form of Agreement services summary - for customers connecting after 18 September 2009

Pricing Tables

Virgin Mobile

Postpaid Section 1: General Information & Charges
Postpaid Section 2: Current Offers
Postpaid Section 3: Special Offers
Prepaid Pricing

Virgin Broadband

Prepaid Mobile Broadband Pricing - Current Offers
Prepaid Mobile Broadband Pricing - Special Offers
Postpaid Mobile Broadband Pricing - Current Offers
Postpaid Mobile Broadband Pricing - Special Offers
Section 1: General Information & Charges
Section 2: Current Offers
Section 3: Special Offers

The Vibe

Terms & Conditions
Handset compatibility

You need a compatible handset to access and use this material. Handset memory limitations may apply for downloads. Check your handset settings to ensure that it has sufficient memory.

(Vibe is not available to iPhone customers)

Downloading

If the download is unsuccessful or you experience a disrupted connection you will be given further attempts to complete the download. You will still be charged if you do not wish to keep the downloaded item.

Subscription services

If you subscribe to weekly services you will continue to have access to and be charged for the service until you cancel it. Instructions to unsubscribe from each service are available under the ‘Help’ menu in each content site.

Special offers and competitions

The terms for any special offers are set out at the service description at each content site.

Services and charges
- Content may be changed, withdrawn or modified without notice.
- If you access your service while global roaming additional charges will apply.
- Charges apply for each service you purchase. Prices for each service are set out at the service description. Prices published are correct as at 31 August 2009.
- By clicking on "Buy", you agree to pay for all material you request. All purchases are subject to the Virgin Mobile customer terms and conditions in our Standard Form of Agreement which is available at www.virginmobile.com.au
- VMA will not be liable for any loss or damage suffered or incurred, directly or indirectly, as a result of you relying upon any material downloaded or received via our service or from any delay in receiving or failure to receive any material downloaded.
Virgin Mobile Gamers club subscription

These terms and conditions and the subscription sign up information set out in the subscription application form (“Agreement”) apply to your subscription to the Gamers Club service (“Service”) on Virgin Mobile Games (“Site”). By using the Service you agree to be bound by this Agreement. We may change these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

In this Agreement "Content" means all mobile games and other content made available on the Site. A reference to “We”, “Us” or “Our” is a reference to Virgin Mobile (Australia) Pty Limited.

1. Services

1.1 To be eligible for the Service you must be a customer of Ours, have a handset compatible with the Service and have accumulated 3,000 or more loyalty points for Content you have paid for on the Site. Once you have subscribed, you may access the Services and download Content from the Site to your wireless communication mobile device (“Mobile Phone”) subject to the terms of this Agreement.

1.2 You can sign up to the Service by clicking on the “SIGN UP” button (or equivalent) and then (having read this Agreement) clicking on the “SUBCRIBE” button (or equivalent) on the payment page. If you do not agree to be bound by this Agreement, you may either use the “CANCEL” button or the “BACK” button.

1.3 The Service provides you with access to a catalogue of Content for free. Access is obtained by accumulating points (“Loyalty Points”) for paid-for downloads.

1.4 We may alter or remove the Content offered as part of the Service at any time without notice. When using the Content your Mobile Phone may require access to your mobile network. When you access Content it will be downloaded to your default location which will be either your phone memory or storage/memory card.

2. Accumulating Points

2.1 You will receive loyalty points for Content you pay for from the Site (“Loyalty Points”). The number of points each piece of Content is worth will be advised in terms on the site. When you accumulate 3,000 points you will be able to download free Content from a category of content on the Site. If you do not have more than 3,000 points you will not be able to download free Content from the relevant category on the Site. Please note that We determine the categories and variety of free content available to you at any time.

2.2 Points are not transferrable to other handsets or third parties (whether Virgin Mobile customers or not).

3. Receiving Notifications from Us

Each month we will send you an SMS message notifying you of any special offers relating to the Service. It is a condition of the service that you agree to receive such notifications from us. If you do not wish to receive the notifications you may cancel your subscription to the service at any time (see section 4 below). You can opt out of messages on the site and this will not affect your accumulation of loyalty points.

4. Cancelling this Agreement

4.1 You stop using the Service at any time by clicking the “UNSUBSCRIBE” button on the “My Account” page (or equivalent).

4.2 We may stop providing the Service (including free content) at any time. If you have points accumulated at the time we cease offering the Service, those points will lapse.

5 Intellectual Property and Restrictions

5.1 This Agreement grants to you a non-exclusive, non-transferable licence to use the Site, Services and Content for non-commercial purposes only on the Mobile Phone to which it is initially downloaded on and subject to this Agreement. All Content and the copyright and all other intellectual property rights in the Site, Services and Content are owned by Us our affiliates or licensors. We may also grant licences to use the Site, Services and Content to third parties.

5.2 To the maximum extent permitted by law, you agree not to sell, assign, sub-license, distribute, create derivative works of, loan, copy, modify, reverse engineer, or otherwise exploit or transfer any right in the Content, Site or Services or any part thereof. You shall notify Us promptly if you become aware of any unauthorised use of the Site, Content or the Services by any person. You are responsible for any misuse of the Site, Services or the Content even if it is by another person using your Mobile Phone to access the Site, Services or the Content.

6. Warranties

THE SITE AND THE SERVICES ARE PROVIDED AND THE CONTENT IS LICENSED TO YOU “AS IS.” WE, ALONG WITH OUR AFFILIATES AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SITE CONTENT AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED TERMS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE (TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW). WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SITE, SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

7. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF PROFITS), EVEN IF WE, OUR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY OR THAT OF OUR AFFILIATES OR LICENSORS, FOR ANY CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF THE CHARGES PAID BY YOU FOR THE SERVICES AND/OR THE CONTENT OR ONE HUNDRED DOLLARS AU.

8. Data Protection and Privacy

To the extent that that any data protection, privacy or similar laws apply to this Agreement, we comply with, the provisions of such laws and our privacy policy.

9. Explicit Content

Some of the Content may be explicit and subscriber discretion is advised. We accept no liability for any claim, loss or damage associated with Content being deemed or seeming explicit, vulgar, offensive, obscene, defamatory or otherwise unacceptable to any subscriber.

10. General

10.1 This Agreement is governed by the laws of New South Wales and we both agree that any disputes will be settled in the the exclusive jurisdiction of the Courts of New South Wales.

10.2 If any of the terms in this Agreement are not valid or legally enforceable, that term will be modified to make it valid or legally enforceable. All other terms will not be affected.

10.3 This Agreement constitutes the entire agreement between you and Us regarding the Site, Services and Content and replaces any prior agreement relating to the Site, Services and Content. None of the parties shall be liable in respect of any representation not contained in this Agreement or on the Site unless it was made fraudulently. A copy of this Agreement will be available on the Site for so long as the Services are available.

10.4 We may transfer this Agreement to any other third party at any time without consent.

Disclaimer

Virgin Mobile has tried its best to make sure all information, graphics, audio and video, ads and other items appearing on this site ("Content") is correct and up to date at the time of publication. But we don't represent or warrant the accuracy or completeness of the Content and aren't liable for any errors, omissions or defects.

To the extent allowed by law, Virgin Mobile and its officers, employees, agents and contractors exclude all liability for any consequential, indirect or incidental loss or for any loss of profits, income, business or goodwill, that happens from you using or relying on the Content, whether or not it's caused by any negligent act or oversight on our part.

Certain laws, including the Trade Practices Act 1974, can imply warranties or conditions, or impose obligations on Virgin Mobile that we exclude, restrict or modify at all, or that we can only exclude, restrict or modify to a limited extent. If these laws apply, to the extent to which Virgin Mobile is able to do so, our liability will be limited to the resupplying of the Content.

Security

You must keep your Account number and password secure and must not disclose them to anyone except Virgin Mobile in the course of using this site. You acknowledge that your Account number and password will allow anybody using them to gain access to all sections of the site which you would ordinarily gain access to. You must immediately notify Virgin Mobile if you suspect your password security has been compromised or if you suspect any unauthorised use of your password has taken place.

Virgin Mobile does not guarantee the security of using this site or any systems used to access this site.

Third party sites

This site contains hyperlinks to sites operated by third parties. These linked sites aren't controlled by Virgin Mobile, and we are not responsible for the condition or the content of those sites. Links are provided solely for your own convenience and just because we have included a link, it doesn't mean that Virgin Mobile has recommended or endorsed the sites or the products and services provided or offered on them. You access these sites and use or buy their products and services solely at your own risk.

This site contains ads for products and/or services and can also contain embedded hyperlinks or include referral buttons to ads on third party sites. All third party advertising is paid for by the relevant third parties and are not recommended or endorsed by Virgin Mobile. Virgin Mobile isn't responsible for the products and/or services that are advertised on this site or on any third party site.

The use of a trade mark on this site is not intended to indicate any association with, or endorsement by, the owner of that trade mark.

Copyright

All Content is protected by Australian and international copyright laws, unless indicated otherwise on this site.

You may look at this site and the Content using your web browser and save an electronic copy, or print out a copy of the Content or parts of this site for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by Virgin Mobile and then only according to Virgin Mobile's conditions; and (b) include the copyright notice "© Virgin Mobile (Australia) Pty Limited 2000" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on this site, except as allowed by this site or by Virgin Mobile.

Trade mark notice and Virgin Mobile's name

This site contains registered trade marks and trade marks that are the subject of pending application, or that are protected by law, and includes, but is not limited to, the words Virgin Mobile, the Virgin signature and the Virgin Mobile logo.

Unless shown otherwise, the trade marks are either owned or licensed by Virgin Mobile and are protected under the laws of Australia and other countries. You must not use Virgin Mobile's trade marks, except: (a) by saving or printing out a copy of this site as allowed under the copyright notice set out above; (b) as part of a legitimate reference to Virgin Mobile or a Virgin Mobile product or service with proper recognition of the trade mark's status; or (c) with Virgin Mobile's prior written consent.

Virgin Mobile Vibe

a. AAP Disclaimer and Copyright Notice

© [2000] AAP Information Services Pty Limited (AAP) or its Licensors. This is the "Virgin Mobile (Australia) Pty Limited TM " service with content provided by AAP. AAP reserves all rights, including copyright, in services provided by it. The information, text and images in the service are for personal use only and may not be re-written, copied, re-sold or re-distributed, framed, linked or otherwise used whether for compensation of any kind or not, without the prior written permission of AAP.

This service is published for information only without assuming a duty of care. AAP is not in the business of providing professional advice, and gives no warranty, guarantee or other representation about the accuracy of the information or images contained in this service. AAP is not liable for errors, omissions in, delays or interruptions to or cessation of the services through negligence or otherwise.

The globe symbol and "AAP" are registered trade marks.

b. Associated Press (AP) Disclaimer and Copyright Notice

Associated Press (AP) text, photos, graphics, audio and video works are only for the E personal, non-commercial use of persons accessing this service and must not directly or indirectly be published, rewritten for broadcast, communication or publication or redistributed in any medium. AP materials and works must not be stored in any electronic or other system except for the personal, non-commercial use of persons accessing this service. Users nor any other person may hold AP liable for any delays, inaccuracies, errors or omissions in respect of such materials or works, the transmission or delivery of such materials and works or any loss or damage arising.

Applicable law

This site (excluding any linked third party sites) is controlled by Virgin Mobile. By accessing this site, you accept that any disputes about this site or its Content are to be determined by the courts having jurisdiction in the State of New South Wales according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.

As this site can be accessed throughout Australia and overseas, Virgin Mobile doesn't represent that the Content complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility. You are responsible for making sure that you comply with all applicable laws in the place where you are located.

Appendices

Appendix A - Virgin Mobile - Value added service features
Appendix B - Virgin Mobile - Fair use policy - for customers connecting before 18 September 2009
Appendix B - Virgin Mobile - Fair use policy - for customers connecting after 18 September 2009
Appendix C - Virgin Mobile - Equipment payment plan

Appendix D - Virgin Broadband - Acceptable use policy

Appendix E - Virgin Broadband - Acceptable use policy

Appendix F - Virgin Broadband - Enhanced calling features
Appendix G - Virgin Broadband - Call types
Appendix H - Virgin Mobile - GPS mapping
Appendix I – Virgin Mobile & Virgin Broadband international country groups

Terms & Conditions

General Terms

Service Descriptions

Postpaid Mobile

Prepaid Mobile

Mobile Broadband

Broadband at Home

Pricing Tables

Virgin Mobile

Virgin Broadband

The Vibe